A federal judge in West Virginia has upheld a state law that bars biological student-athletes who identify and present as female from playing on girls’ school sports teams.
Judge Joseph R. Goodwin of the Southern District of West Virginia ruled Thursday that H.B. 3293, the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for purposes of high school sports, is “constitutionally permissible.” The court found that West Virginia’s definition of “biological sex” for school sports was “significantly related to its important interest in providing equal athletic opportunities for women.”
“I have no doubt that H.B. 3293 was intended to politicize participation in school athletics for transgender students,” Goodwin wrote. “However, there is not a sufficient record of legislative animus. Considering the statute under the intermediate standard of inquiry, I find it substantially related to an important state interest.”
The law, introduced in March 2021, is one of several recent attempts by Republican-controlled state legislatures to ban transgender student-athletes from competing against members of the opposite sex. Critics say such efforts are hateful, discriminatory and even harmful to transgender youth. Supporters argue that male and female biological differences make physical competition between transgender athletes and girls unfair and can deny women opportunities.
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Protesters listen to a speech during the “Our Bodies, Our Sports” rally marking the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022 in Washington, D.C.
(Anna Moneymaker/Getty Images)
West Virginia Governor Jim Justice signed the Save Women’s Sports Act into law on April 29, 2021.
(Reuters)
The Save Women’s Sports Bill was challenged by the American Civil Liberties Union, which represented Becky Pepper-Jackson, a transgender high school student who was barred from joining her girl’s cross country team. The ACLU argued that the law violated Pepper Jackson’s rights under the Equal Protection Clause of the 14th Amendment and Title IX, the federal statute that prohibits discrimination based on sex.
Goodwin agreed that the law was designed to “prevent transgender girls from playing on women’s sports teams,” but said it was legally permissible if there was a significant government interest in doing so.
He declined to define the terms “girl” or “women,” writing, “Courts have no business creating such definitions, and I would be hard-pressed to find many other contexts in which one’s sex and gender are relevant legislative factors.” However, he pointed out the biological differences between men and women that matter in athletic competitions.
“While some women may outperform some men, it is generally accepted that men outperform women on average in sports due to inherent physical differences between the sexes. This is not a sweeping generalization, but a general principle that realistically reflects the average physical differences between the sexes,” Goodwin wrote.
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A protester expresses support for the promotion of transgender ideology in schools during a pro-transgender march.
(Mark Kerrison/In Pictures via Getty Images)
Left to right, Chelsea Mitchell, Selina Soule and Alanna Smith, three former Connecticut high school track and field athletes, listen during the “Our Bodies, Our Sports” 50th Anniversary Title IX rally at Freedom Plaza on June 23, 2022 in Washington, D.C.
(Anna Moneymaker/Getty Images)
Although Pepper-Jackson was taking puberty blockers, Goodwin noted, “there is much debate about whether and to what extent postpuberty hormone therapy may reduce the athletic advantage of transgender girls compared to cisgender girls.” He also pointed out that some transgender people can only transition socially, not medically and physically.
“The fact is, however, that a transgender girl is a biological male and, barring medical intervention, would go through male puberty like other biological males. And biological males generally outperform females in sports. The state is allowed to legislate sports rules under this because gender, and the physical characteristics that derive from it, are intrinsically linked to athletic performance and fairness in sports,” he ruled.
The ACLU of West Virginia said it is reviewing the decision with co-counsel to determine next steps. The ban applies to middle and high schools, as well as colleges.
The decision was welcomed by West Virginia Attorney General Patrick Morrisey, who defended the law in court.
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University of Pennsylvania swimmer Lia Thomas, who is transgender, and Kentucky swimmer Riley Gaines, right, react after tying for 5th in the 200 freestyle final at the NCAA Swimming and Diving Championships on March 18, 2022, in McAuley Aquatic Center in Atlanta.
(Rich von Biberstein/Icon Sportswire via Getty Images)
